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Positive Covenant

If consent has a condition that requires a Covenant to be prepared it is suggested that a solicitor prepare the covenant for you.

Once the covenant is prepared, your solicitor will request Council sign a Positive Covenant Document (88B or 88E).

Council will then return the signed document to your solicitor for registration at the Land and Property Information Office.

This ensures that the information is stored on the title of the land so it will never become lost over time with property exchanges. The most common covenant relates to the maintenance of the stormwater system. These covenants cannot be released by Council unless the applicant provides proof that the stormwater system has been constructed in accordance with the approved plans and a qualified engineer has certified the system 'as built'.

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